HomeMy WebLinkAboutOrdinance 4793• 1111IIiurn ini 111IIIIII ni11111111IIIIIIII 1111111
Doc ID: 009410220002 Tvoe: REL
Recorded: 12/06/2005 at 02:0916 PM
Fee Amt: $11.00 Pace I of 2
Washington County. AR
Bette Stamps Circuit Clerk
ORDINANCE NO. 4793 Fi1e2005-00054546
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN
ANNEXATION PETITION ANX 05-1728 FOR PROPERTY
LOCATED SOUTH OF SALEM ROAD, EAST OF CRYSTAL
SPRINGS SUBDIVISION, CONTAINING 80.30 ACRES, MORE
OR LESS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
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Section 1: That the City Council hereby confirms the annexati �q the C' of
Fayetteville, Arkansas, of that property described in Exhibit "A" attached II b`and made ",=
part hereof. owl Q'
Ov Tn
T -rri-,ic
Section 2: That the official map of the City of Fayetteville, Arl�ansa9 is h reb}�
amended to reflect the change provided in Section 1 above. C' _
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to assign the zoning designation of R -A, Residential Agricultural to the
subject property.
Section 4: That the above -described property is hereby assigned to Ward No. Four.
PASSED and APPROVED 15th day of November, 2005.
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:FAYETTEVILLE:
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By: x-1'04 /ham'
SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 05-1728
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29,
AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
32, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 29 AND RUNNING THENCE
S89057' 59"E 1318.90' TO A FOUND IRON PIN LOCATED AT THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 29, THENCE S00015 '0571W 1316.04' TO A FOUND IRON PIN
LOCATED AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE S 1321 .97' TO A
FOUND PIN LOCATED AT THE SOUTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE
S89059'50"W 1336. 15 ' TO A SET IRON PIN LOCATED AT THE SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 32, THENCE N00031 '28"E 1324.80' TO A FOUND STONE LOCATED
AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 32, THENCE N00028932"E 1314. 13 ' TO
THE POINT OF BEGINNING. CONTAINING 80.30 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
Washington County, AR
I certify this instrument was filed on
12/06/2005 02:09: 16 PM
and recorded in Real Estate
File Number 2005-00054546
Bette tamps - Circuit Clerk
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IN THE COUNTY COURT OF WASHINGTON COUNTY, ACAS
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IN THE MATTER OF ANNEXATION to a found pipe ' ;^ s c
OF CERTAIN LANDS TO THE CITY
OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2005- �
PETITION FOR ANNEXATION
COMES now, the Petitioner by his attorney, Raymond C. Smith, and for his Petition
for Annexation, states and alleges as follows:
1 . Petitioner is the record title holder of the parcel of land contained in the following
described real property situated in Washington County, Arkansas:
The Southwest Quarter of the Southeast Quarter of Section 29, and the
Northwest Quarter of the Northeast Quarter of Section 32, all in Township 17
North, Range 30 West, Washington County, Arkansas, being more particularly
described as follows, to-wit: Beginning at the Northwest corner of the Southwest
Quarter of the Southeast Quarter.of said Section 29 and running thence S 89°57'59
"E 1318.90' to a found iron pin located at the Northeast corner of the Southwest
Quarter of the Southeast Quarter of said Section 29, thence S 00015'05 " W
1316.04' to a found iron pin located at the Northeast comer of the Northwest
Quarter of the Northeast Quarter of said Section 32, thence S 1321 .97' to a found
pin located at the Southeast comer of the Northwest Quarter of the Northeast
Quarter of said Section 32, thence S 89°59'50" W 1336. 15' to a set iron pin located
at the Southwest corner of the Northwest Quarter of the Northeast Quarter of said
Section 32, thence N 00°31 '28" E 1324.80' to a found stone located at the
Northwest corner of the Northwest Quarter of the Northeast Quarter of said
Section 32, thence N 00°28'32" E 1314. 13' to the point of beginning. Containing
80.30 acres, more or less._ Subject to easements and rights-of-way of record, if
any.
2 . All the above-described property is adjacent to and contiguous to the
present boundary line for the City of Fayetteville, Washington County, Arkansas.
See survey and description of property, attached hereto as Exhibit "A".
PETITION FOR ANNEXATION PAGE 1
3 . The above-described property is suitable for annexation to the City of
Fayetteville, Arkansas, and is necessary for the proper growth, prosperity and
management of the land and the City of Fayetteville, Arkansas.
4. Pursuant to Arkansas Code Annotated Section 14-40-601 et seq, this Court
has jurisdiction over the subject matter herein, and Petitioners request that the
above-described real property be annexed in and to the City of Fayetteville,
Arkansas.
5 . Petitioner further states that Attorney Raymond C. Smith of Fayetteville,
Arkansas, is authorized to act for and on behalf of the Petitioner in all matters
relating to this Petition and subsequent hearing or annexation proceedings. See
Exhibit `B" attached hereto for the authorization.
6. Petitioners request this Court set a date for hearing on this Petition, not less
than thirty (30) days subsequent to the filing of this Petition and further hearings
or annexation proceedings therewith.
WHEREFORE, Petitioner prays that the above-described real property be
annexed to the City of Fayetteville, Washington County, Arkansas, pursuant to the
provisions of applicable Arkansas law, subsequent to a hearing thereon as required
by law; that this Court, by Order, fix a time and place for said hearing not less than
thirty days subsequent to the filing of this Petition; and for all other relief to which
the Petitioner may be entitled.
PETITION FOR ANNEXATION PAGE 2
Alfred E. Zacannti, Sr., Trustee
Petitioner
B
(ILayaw6d C. Smit
Attorney at Law 80135
Barristers Place, Suite 11
70 N . College Avenue
Fayetteville, Arkansas 72701
(479) 521 -7011
PETITION FOR ANNEXATION PAGE 3
EXHIBIT 4W
FAYETTEVILLE SCHOOL BOARD DISTRICT BOUNDARY
AND
SURVEY OF LAND
(SEE ATTACHED)
PETITION FOR ANNEXATION PAGE 4
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EXHIBIT "B"
AUTHORIZATION
(SEE ATTACHED)
PETITION FOR ANNEXATION PAGE 5
, May 13 05 09 : 3Ga - Ray SmW 479 443 - 1# 3 p . 2
AUTHOR IZAT14I.Pi:
1, Alfred E. Zaccanti Sr., Trustee, Al and Helen Zaceanti Revocable
Trust, authorize the law firm of Raymond C. Smith, P.A., to act for and on
behalf of the aforesaid Trust and Trustee, in all matters relating to
Annexation and Rezoning, including but not limited to any and all petitions,
applications, hearings and proceedings before or with the City of
Fayetteville and County of Washington, for the following described real
property situated in Washington County, Arkansas, to-wit:
Part of the NW'/,, of the NG'/4 of Section 32, Township
17N, Range 30W, consisting of 40 acres MOL. Also
identified as Parcel Number 001 - 16813-000.
Date: May & 2005
fica0f.. Zapoti, Sr., Trustee
and Hele canti Revocable Trustee
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IN THE COUNTY COURT OF WASHINGTON COUNTY, AR So -n
IN THE MATTER OF ANNEXATION m -0 ::3
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OF CERTAIN LANDS TO THE CITY o c�
OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2005-1
Cr
ORDER SETTING HEARING
NOW on this o? of June, 2005, is presented to the Court a Petition for
Annexation of certain lands to the City of Fayetteville, Arkansas, filed herein on June 17,
2005, by the Petitioner, Alfred E. Zaccanti, Sr., Trustee.
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that pursuant to
Arkansas Code Annotated § 14-40-602, a hearing on said Petition for Annexation shall be
Af
held in the County Court of Washington County, Arkansas, on thm7✓,�day July, 2005, at
o'clock a.m., and the Clerk of this Court is hereby directed to issue a notice of
hearing as set herein which shall be published in the manner and for the full length of
time as required by law. /
CO TY JUDGE
FROM (WED ) DEC 14 2005 13 : 50 /ST . 13 : 49/No. 6816796254 P 4
IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS
IN THE MATTER OF ANNEXATION y on a
OF CERTAIN LANDS TO THE CITY rn
OF FAYETTEVILLE, ARKANSAS CASE NO. CC 2005.21me cm�
c. o3 ^'
ORDER OF ANNEXATIONZa
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NOW on this day of July, 2005, this cause comes on to be heardat�[�titiomr,
Alfred E. Zaccanti, Sr., Trustee, represented by his attorney, Raymond 3C. %mitfigof
Fayetteville, Arkansas, announcing ready for a hearing of this cause and there being no
protests or objections filed herein, whereupon, the matter is submitted to the Court upon
the verified petition filed herein, and the oral and documentary evidence adduced, the
Court being well and sufficiently advised finds:
1 . The Petition in this cause was filed June 20, 2005, at which time the Court fixed
July 25, 2005, at 10:30 a.m., as the date and time of the hearing for said cause, and a full
thirty days notice of hearing was given as required by law and notice of hearing was given
as required by law and notice of publication is now on file with the Clerk of the Court and
the Court has jurisdiction of this cause.
i
2. The Court is satisfied that the allegations of the said petition are sustained by the
proof, that the limits of the territory to be annexed have been properly filed, that the
property owner has a freehold interest in the property hereinafter described in the petition
and constitutes the real owner of the area affected.
3. The land proposed to be annexed to the City of Fayetteville, Washington County,
Arkansas in this cause is described as follows:
FROM
(WED)DEC 14 2005 13:51/ST
13:49/No.6816796254 P 5
The Southwest Quarter of the Southeast Quarter of Section 29, and the Northwest
Quarter of the Northeast Quarter of Section 32, all in Township 17 North, Range
30 West, Washington County, Arkansas, being more particularly described as
follows, to -wit: Beginning at the Northwest comer of the Southwest Quarter of
the Southeast Quarter of said Section 29 and running thence S 89°57'59 "E
1318.90' to a found iron pin located at the Northeast comer of the Southwest
Quarter of the Southeast Quarter of said Section 29, thence S 00°15'05" W
1316.04' to a found iron pin located at the Northeast corner of the Northwest
Quarter of the Northeast Quarter of said Section 32, thence S 1321.97' to a found
pin located at the Southeast corner of the Northwest Quarter of the Northeast
Quarter of said Section 32, thence S 89°59'50" W 1336.15' to a set iron pin located
at the Southwest comer of the Northwest Quarter of the Northeast Quarter of said
Section 32, thence N 00°31'28" E 1324.80' to a found stone located at the
Northwest corner of the Northwest Quarter of the Northeast Quarter of said
Section 32, thence N 00°28'32" E 1314.13' to the point of beginning. Containing
80.30 acres, more or less. Subject to easements and righz&of--way of record, if
S
4. The area is not unusually large and it is contiguous and adjacent to and adjoins the
I
present corporate limits of the City of Fayetteville, and it is particularly adapted for urban
purposes and this territory should be annexed to and made a part of the City of i
Fayetteville, Arkansas.
if lS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the
aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and
made a part of the City of Fayetteville, Arkansas, in accordance with Act No. I of the
Acts of the Legislature of 1875 of the Statc of Arkansas and all acts amendatory thereto,
particularly including Act 142 of the Acts of Arkansas for the year 1963, as codified in
Ark. Code Ann. §14-40-601, et seq, and this Order shall be duly recorded by the County
Clerk of Washington County, Arkansas.
C 1]N Y JUDGE
FROM
(ED)DEC 14 2005 13: 51/ST.13: 49/No.6816796254 P 6
•FROM :PL RRPC FAY NO. :4797517150 T*28 2005 01:21PM P4
FROM
(WED)DEC 14 2005 13:50/ST. 13:49/No.6816796254 P 1
• •
To:
Fax #:
From:
Subject:
State of Arkansas
Washington County Courthouse
280 North College Ave, Suite 300
Fayetteville, AR 72701
Telephone: (479)-444-1711
Fax; (479)444-1894
FAX TRANSMISSION
Fayetteville City Clerk's Office Date: December 14, 2005
Clarice
718.1695
Jennifer Sharpshair
Finalization for CC2005.21.
Pages: 6, including cover sheet
RECEIVED
UEC 20 2005
Charlie Daniels
Secretary of State
December 19, 2005
The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College Avenue, Suite 300
Fayetteville, AR 72701
Dear Ms. Pritchard:
State of Arkansas
Secretary of State
Business & Commercial Services
682-3409
Elections
682-5070
Building & Grounds
682-3407
Communications & Education
683-0057
State Capitol Police
682-5173
Business Office
682-8032
Information Technology
682-3411
The Following Information has been recorded and filed in the Office of the Secretary of State:
Date: 12/19/2005
Annexation:
Incorporation:
Census Information
1st Class City
2nd Class City
Incorporated Town
County: Washington City: Fayetteville
Ordinance No. —
4793
Co. Order No. —
CC 2005-21
Resolution No.
—
Plat
-X
Election
- ((ANNEX_ ELECTION))
Island
- ((ISLAND»
Ordinance No.
- aDATE_FILED))
Co. Order No.
- reINCCOORDNOn
Plat
- sINCPLAT»
Election
-
I have forwarded this information to the Arkansas Municipal League. If you have any further
questions please do not hesitate to contact me at 1-800-482-1127 or 682-3451.
Sincerely,
Alesha L Harris
Election Services Representative'
Room 256 State Capitol • Little Rock- Arkansas 72201.1094
501-682.1010 • Fax 501.682-3510
e-mail: arsos@sosmail.state.ar.us • www.sos.arkansas.gov
D4�
City of Fayetteville • /���S��
Staff Review Form 5'793
City Council Agenda Items 4"V'X OS- /7d
or Z,cyCCA2 JT!
Contracts
1 -Nov -05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ANX 05-1728: (Zaccanti, 207/246): Submitted by Raymond Smith for property located at south of Salem road, east of Crystal
Springs Subdivision. The property is in the Planning Area and contains approximately 80.30 acres. The request is to annex the
subject property into the City of Fayetteville.
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
$
Remaining Balance
Budget Adjustment Attached
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
(� Previous Ordinance or Resolution # n/a
13 -01)
e rtment irec or Date Original Contract Date: n/a
Original Contract Number: n/a
City Attor e5'
Received in City Clerk's Office
Finance and Internal Service Director Date
Received in Mayor's Office
ENTERED
of v
Mayor bate
cc/faj /i/i/o5
0 •
City Council Meeting of November 1, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: October 11, 2005
Subject: Annexation for Zaccanti (ANX 05-1728)
RECOMMENDATION
The Planning staff recommends approval of the subject annexation request submitted by
Raymond Smith for approximately 80 acres of property located south of Salem Road,
east of Crystal Springs Subdivision. This action will incorporate the 80 -acre tract of land
contiguous with the city limits into the City of Fayetteville.
BACKGROUND
The subject property consists of 80 -acres owned by Alfred Sr., Al, and Helen Zaccanti.
The property is located south of Salem Road immediately east of the Crystal Springs
Subdivision. Annexation of the property will not create an island of unincorporated
property or create a peninsula of City property. Improvements to the existing
infrastructure adjacent to this site, a study of water capacity, and an assessment for sewer
service will be required at the time of development.
The applicant requests annexation of the property into the City of Fayetteville. The
applicant intends to develop the property for residential use and has requested a rezoning
to Residential Single -Family Four Units Per Acre (RSF-4) for 60 acres of the total 80
acres proposed to be annexed. Staff recommends incorporation of this property into the
City of Fayetteville. Incorporation of this property will fill in land encompassed on all
sides but the north by existing city limits, creating a more desirable city boundary, and
ensuring that development of the property is compliant with City regulations within an
appropriate zoning district.
DISCUSSION
This item was heard at the regular Planning Commission on October 11, 2005. The
Planning Commission voted 8-0-0 to recommend approval of this annexation request to
the City Council.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED
IN ANNEXATION PETITION ANX 05-1728 FOR PROPERTY
LOCATED SOUTH OF SALEM ROAD, EAST OF CRYSTAL
SPRINGS SUBDIVISION, CONTAINING 80.30 ACRES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: That the City Council hereby confirms the annexation to the City of
Fayetteville, Arkansas, of that property described in Exhibit "A" attached hereto and made a
part hereof.
Section 2: That the official map of the City of Fayetteville, Arkansas, is hereby
amended to reflect the change provided in Section I above.
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to assign the zoning designation of R -A, Residential Agricultural to the
subject property.
Section 4: That the above -described property is hereby assigned to Ward No. Four.
Y.
PASSED and APPROVED this _day of , 2005.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
ANX 05-1728
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29,
AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
32, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 29 AND RUNNING THENCE
S89"57'59"E 1318.90' TO A FOUND IRON PIN LOCATED AT THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 29, THENCE S00"15'05"W 1316.04' TO A FOUND IRON PIN
LOCATED AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE S 1321.97' TO A
FOUND PIN LOCATED AT THE SOUTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE
S89"59'50"W 1336.15' TO A SET IRON PIN:.LOCATED AT THE SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 32, THENCE N00°31'28"E 1324.80' TO:A FOUND STONE LOCATED
AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 32, THENCEEN00°28'32"E 1314.13' TO
THE POINT OF BEGINNING. CONTAINING ,80;30 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OE RECORD, IF ANY.
eale
AR
Y ARKANSAS
PC Meeting of October 10, 2005
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain Si
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: October 4, 2005
ANX 05-1728: Annexation (ZACCANTI, 207-246): Submitted by RAYMOND SMITH for
property located SOUTH OF SALEM ROAD, EAST OF CRYSTAL SPRINGS SUBDIVISION.
The property is in the Planning Area and contains approximately 80.00 acres. The request is to
annex the subject property into the City of Fayetteville.
Property Owners: Alfred Sr., Al, and Helen Zaccanti Planner: Andrew Garner
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as part
of this report:
BACKGROUND:
Property Description and Setting: The subject property contains part of two tracts totaling
approximately 80 acres owned by the Zaccanti's. It is located south of Salem Road, west of the
approved Laureate Fields residential subdivision, and east of the Crystal Springs Subdivision. The
property contains one single-family residence along with a chicken tanning operation and pasture
land. It is within the Planning Area and adjacent to the City limits along the southern and a minority
of the eastern and western property lines. Surrounding land uses and zoning are depicted on Table 1.
K: Wepored1005V'C Reports I/0- /0-0SU4NX 05-1728 (ZaccantiQ.doc
Table 1
Surroundin2 Land Use and Zoning
Direction
Land Use
Zoning
from Site
North
Rural residential
Planning Area
South
Vacant/Pasture
Residential Single Family Four Units/Acre
(RSF-4)
East
Vacant/Pasture (approved Laureate
Residential Single Family Four Units/Acre
Fields Subdivision)
(RSF-4); Planning Area
West
Crystal Springs Subdivision; Rural
Residential Single Family Four Units/Acre
residential
(RSF-4); Planning Area
Proposal: The applicant proposes annexation of 80.30 acres into the City of Fayetteville.
Recommendation: Staff recommends approval of the proposed annexation based on the finding
herein.
INFRASTRUCTURE:
Streets: Currently the site has access to Salem Road to the north. Gypsum Road is planned to
extend east -west across the southern portion of the site, and Raven Road is planned
to extend north -south just west of the site. Road improvements and dedication per
the Master Street Plan would be required at the time of development. The site's
relation to existing and planned Master Street Plan Streets is depicted on Table 2.
Table 2
Existing and Planned Streets
Direction from Site
Street Name
Classification
Adjacent to northern border
Salem Road
Collector
Bisects southern portion of site
Gypsum
Collector (planned)
Approximately 20 west of the site
Raven
Collector (planned)
Water: Public water is adjacent to the site. There is a 6" waterline to the west along Gypsum
Drive and a 2" waterline along Salem Road. There is a residential development on
the east that has been approved and is under construction. Improvements to the water
system will be required. An evaluation will need to be made at the time of
preliminary plat on how the water system is to be connected with the existing
systems.
Sewer: Sanitary sewer is near to the site. There is an 8" sewer main in the development to
the west. There is a residential development on the east that has been approved and
is under construction. A study of the downstream system shall be conducted by the
developer. This development is within the sewer assessment area. The amount of
the assessment will be determined by the development and will be determined at a
later date.
K. tReportsl2005PC Reports110-10-05W NX 05-1728 (7.accanti).doc
The subject property is located approximately 2.7 miles from the Fire Station N
Response time to the property is 7 minutes with a projected response time at
build -out to be approximately 7.5 minutes with 54 annual calls for service.
The Fayetteville Police Department estimates that upon build out, the property would
result in an increase of 120 calls per year. This estimate is not a considered to be a
substantial increase in the load for police services.
General Plan 2020 identifies the portion of this property within the Planning
BOUNDARIES
l 1.6.a Annex existing islands and peninsulas and do not annex areas that would create an
island or peninsula.
Annexation of the property will not create an island of unincorporated property
and does not exacerbate problems created by the extension of peninsulas. The
proposed annexation, begins fills in land that is encompassed on all sides but the
north by existing city limits. Therefore, staff finds that the proposed annexation
will not further exacerbate any problems associated with the current situation.
Proposed annexation area must be adjacent, or contiguous, to city limits.
The proposed annexation area is adjacent to the City Limits to the south, east,
and west.
subdivisions or neighborhoods,
This area is currently vacant at this time and located between developed or
developing properties within the city. There is an existing subdivision adjacent
to the western property line, and an approved subdivision is adjacent to the
east. Structures on the subject property consist of several chicken houses and a
single family dwelling. The property does not consist of defined subdivisions or
neighborhoods. Annexation of the property would allow for Planning
Commission review of development in accordance with City standards, and
would require the same standards of development as the adjacent properties
already within the city limits.
for annexed areas should follow natural corridors.
Proposed boundaries follow property lines of the existing parcels.
• 0
11.6.e Timing of services within annexation areas should be considered.
Finding: Current conditions result in a response time of 7 minutes for fire protection
from Fire Station No. 7. Additionally, the City's Fire Department currently
responds to calls further west of this property. Extension of water and sewer
lines will occur at the time of development to aid in the improvement of services.
ENVIRONMENTALLY SENSITIVE AREAS
11.6. f Annex environmentally sensitive areas that could be impacted by development and
utilize appropriate development regulations to protect those areas.
Finding: The property is mainly cleared pasture land. Tree canopy is concentrated along
property lines. Development regulations within the City will ensure appropriate
development and preservation of the existing natural features on the property.
Development outside the city does not allow for the requirement of parks, open
space or tree preservation.
EMERGENCY AND PUBLIC SERVICES
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
Finding: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density and thereby undesirably increase
the load on police services or create and appreciable increase in traffic danger
and congestion in the area.
11.6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire and police currently serve subdivisions further west of the subject
property. Service shall be provided to this area with the same level of response
and service as other developments in this area.
11.6.1 The ability to provide public services should be evaluated in terms of equipment,
training of personnel, number of units and response time.
Finding: These factors were taken into consideration in the responses and
recommendations included in this report.
INFRASTRUCTURE AND UTILITIES
l 1.6.j Areas currently served by utilities and other public services should be annexed.
Finding: Water, fire and police protection are currently provided in the surrounding
K. IReports120051PC Reporut 10-10-0514NX 05-1728 (Zaccanti).doc
areas to the south, cast, and west. The subject property is not being served by
city utilities at this time. At the time of development the developer would be
expected to improve adjacent city streets, and may be responsible for off -site
street improvements, depending upon the amount of development.
I I.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
Finding: Improvements to sewer and street systems and installation of fire hydrants
would be made necessary by the annexation should additional development
occur on the subject property. At this time, the property is agricultural in
nature.
11.6.1 Phased annexation should be initiated by the City within active annexation areas
based on planned service extensions or availability of services.
Finding: The proposed annexation is not part of a phased annexation initiated by the
City.
INTERGOVERNMENTAL RELATIONS
11.6.m Promote long-range planning with adjacent jurisdictions.
Finding: N/A
11.6.n Establish agreements to address regional concerns, such as water, stormwater and
sewer.
Finding: N/A
ADMINISTRATION OF ANNEXATIONS
I I.6.o Designate zoning districts for the property during the annexation process.
Finding: Annexations are automatically zoned R -A, Residential Agricultural. The
property owners request for annexation and request to rezone this property
RSF-4, Residential single family -4 units/acre.
II An annexation study should be completed on all annexation proposals.
Finding: Planning staff has asked the Engineering Division, Fire Department and Police
Department to study this annexation request to determine if facilities and
services are available to serve this property.
II .6.q Development proposals require a separate review from the annexation proposals.
K:lRepora12005V'C Reports/0-10-05UNX 05-1728 (Zaccanti).doc
C
Finding: Development of this property has not been proposed. At the time the applicant
desires to develop the property, the applicant will be required to submit project
plans for review and approval by the Planning Commission.
11.6.r Residents should be fully informed of annexation activities.
Finding: Adjoining neighbors have been notified of the annexation request. A legal ad
and display have both been submitted with a local newspaper prior to the
Planning Commission meeting for which this item is scheduled.
I I.6.w Encourage larger annexations to create acceptable boundaries.
Finding: This annexation consists of approximately 80 acres, and is adjacent to the
Crystal Springs Subdivision in the City of Fayetteville. The annexation of the
subject property will fill-in an unincorporated area surrounded on three sides
by incorporated City helping create a more desirable city boundary.
1 1.6.t Conduct a fiscal impact assessments on large annexations.
Finding: No fiscal impact assessment was conducted for this annexation of 80 acres.
K. IReportsI2005V'C Reportsl10-10-05IANX 05-1728 (Zaccanti).doc
From Fayetteville General Plan 2020 — 2002 Revision
11.6 Annexation Guiding Policies
Boundaries
1 I_6.a Annex existing islands and peninsulas and do not annex areas that would create an island
or peninsula.
I I.6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide.
11.6.d Boundaries for annexed areas should follow natural corridors.
11.6.e Timing of services within annexation areas should be considered.
Environmentally Sensitive Areas
11.6. f Annex environmentally sensitive areas
that could be
impacted
by development and utilize
appropriate development regulations to
protect those
areas.
Emergency and Public Services
11 .6.g Public services must be able to be provided efficiently in newly annexed areas.
l 1.6.h Annexed areas should receive the same level of service of areas already in the city limits.
11.6.i The ability to provide public services should be evaluated in terms of equipment, training
of personnel, number of units and response time.
Infrastructure and Utilities
11.6.j Areas currently served by utilities and other public services should be annexed.
I I.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
11.6.1 Phased annexation should be initiated by the City within active annexation areas based on
planned service extensions or availability of services.
Intergovernmental Relations
11.6.m Promote long-range planning with adjacent jurisdictions.
1 1.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
11.6.o Designate zoning districts for the property during the annexation process.
11.6.p An annexation study should be completed on all annexation proposals.
l 1.6.q Development proposals require a separate review from the annexation proposals.
11.6.r Residents should be fully informed of annexation activities.
1 1.6.w Encourage larger annexations to create acceptable boundaries.
11.6.t Conduct a fiscal impact assessments on large annexations.
KARepora12005WC ReponsV 0-10-05WNX 05-1728 (Zaccan(i).doc
I
Fayetteville Fire Department
303 W. Center St. Fayetteville AR. 72701
Date: September 27, 2005
To: Suzanne Morgan, Jeremy Pate, Andrew Garner, and Jesse Fulcher
From: Dale Riggins
Subject: Re -zoning review from the Fayetteville Fire Department.
ANX05-1723
(JDM
Investments
LLC,
295)
5.06 acres
RZN05-1724
(JDM
Investments
LLC,
295)
5.06 acres
These 5.06 acres are covered by Engine 5 on N. Crossover Road.
The property is 3.1 miles from the station with a projected response time of 7 minutes to
this development and 7.5 minutes when the maximum build -out is completed. When the
new proposed Station 5 is built at Crossover and Old Wire, it will reduce the response
time to 3 minutes to the beginning of this development.
The Fire Department anticipates 5 calls for service (3 EMS & 2 Fire/Other) once the
development is completed and maximum build -out has occurred. There should be no
adverse effects on our call volume or response time to this development.
ANXO8-1728 (Zaccanti, 207-246) 80 acres
RZN05-1729 (Zaccanti, 207-246) 60 acres
These 60 acres are covered by Engine 7 on Rupple Road
The property is 2.7 miles from the station with a projected response time of 7 minutes to
this development and 7.5 minutes after maximum build -out is completed. The Fire
Department anticipates 54 calls for service (33EMS and 21 Fire/Other) once the
development is completed and maximum build -out has occurred.
Our major concern is the response time for the first arriving Engine Company and the
next arriving unit. The 7 minute response time is above our response time goal of 6
minutes. This is due largely to the crossing of a major highway and the curvy and narrow
Rupple road. It will take the next closest station II minutes to arrive on the scene which
is beyond our response time goals of having all responding units on the scene within 10
minutes of the call.
If you have any other questions or concerns, please feel free to contact me for more
information on run times, assignment duties, or anything else that is of a concern.
7
Fayetteville Fire Department
303 W. Center St. Fayetteville AR. 72701
ANX05-1627
(Old
Wire
Investors,
LLC,
217)
29.70 acres
RZN05-1627
(Old
Wire
Investors,
LLC,
217)
34.51 acres
These 34.51 acres are covered by Engine 5 on N Crossover Road.
The property is 2.7 miles from the station with a projected response time of 7 minutes to
this development and 7.75 minutes after the maximum build -out.
When the new proposed Station 5 is built at Crossover and Old Wire, it will reduce the
response time to 3 minutes to the beginning of this development.
The Fire Department anticipates 31 calls for service (I 9EMS and 12 Fire/Other) once the
development is completed and maximum build -out has occurred. Once the new proposed
Station 5 is built there should be no adverse effects on our call volume or response time
to this development.
If you have any questions please feel free to call or email me
Dale Riggins
Fayetteville Fire Department
FAYEfTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
October 3, 2005
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
0
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
Annexation ANX 05-1728 (Zaccanti, 207-246) and Rezoning RZN 05-1728 (Zaccanti,
207-246) submitted Raymond Smith for property located S of Salem Road, E of Crystal
Springs S/D would substantially alter the population density and thereby undesirably
increase the load on public services or create an appreciable increase in traffic danger and
traffic congestion.
Based on historical data of the Crystal Springs Subdivision immediately west of this
proposal, estimations can be made regarding an increase in police calls for service. Upon
build out of the submitted RZN, the Fayetteville Police Department can realize an
estimated increase in 120 calls for service per year. The Engineering Department may
provide more specific information about any potential traffic increase for this RZN.
Sincerel etain l jam Brown
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: /00-A WEST ROCK STREET 72701
P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-587-3555 FAX: 479-5873522
I I I I Feet
County Disclaimer: 0 420 840 1,680
This map was created by Washington County using data created or acquired by its Assessor's office, Dept. of Emergency
Managment, and Road Department and in accordance with Arkansas Code 15-21-502 (2) (B), which stales The digital cadastre
manages and provides access to cadastral information. Digital cadastre does not represent legal property boundary descriptions,
nor is it suitable for boundary determination of the individual parcels included in the cadastre.and Arkansas Code 15-21-502 (6)
which indicates that "Digital cadastre ' means the storage and manipulation of computerized representations of parcel maps and
linked databases.'
This map has been developed from the best available sources. No guarantee of accuracy is granted, nor is any responsibility
for reliance thereon assumed. In no event shall said Washington County be liable for direct, indirect, incidental, consequential or
special damages of any kind, including, but not limited to, loss of anticipated profits or benefits arising out of use of or reliance
on the map.
The parcel lines shown are considered a graphical representation of the actual boundaries. Washington County is in no
way responsible for or liable for any misrepresentation or re -use of this map. Distribution of this map is intended for informational
purposes and should not be considered authoritative for engineering, legal and other site -specific uses.
Space
Industrial
rtsc.:
October 22, 2005
City of Fayetteville, Arkansas
City Council Meeting November 1, 2005
Honarable Altermen:
Robert Reynolds
Brenda Thiel
Kyle Cook
Don Marr
Robert Rhoads
Robert Ferrell
Shirley Lucas
Lioneld Jordan
Mayor Dan Coody
City Attorney Kit Williams
City Clerk Sondra Smith
To All Parties:
Re: New Business : ANX 05-1728 Zaccanti (80.30 acres) And Planning Commission
Appeal RZN 05-1729 Zaccanti (60 acres)
I own the property to be consideredat the City Council Meeting on November 1, 2005.
My wife and I purchased this property in 1953. This property has been used for farming
cattle and a chicken operation .
My property is located on west Salem Road . It is bordered by Crystal Springs
subdivision located on the west side and two subdivisions in process located on the south
and east sides. All the properties that border my property on three sides are in the City
of Fayetteville and are Zoned RSF-4. For your reference, attached in this folder are maps
showing my property in relationship to City of Fayetteville boundaries and City of
Fayetteville zoning .
It is my intent to annex all 80.30 acres into the City of Fayetteville. I want to retain 20
acres to live on and re -zone the remaining 60 acres to RSF-4. The reason to approve
annexation for 80.30 acres and re -zone 60 acres to RSF-4 are as follows:
1. City of Fayetteville Director of Current Planning , Jeremy Pate,
recommended approval for both Annexation and Re -zoning. (See attached Planning
Division Correspondence containing 16 pages)
n t% 0.1 aCD/7c✓%CQd'n$ ''/l(us
2. All city utilities are available for connection to this 60 acres.
3. All subdivisions that adjoin this 60 acres show streets that connect into this
property.
4. All properties that adjoin this 60 acres are located in the City of
Fayetteville.
5. All properties that adjoin this 60 acres are zoned RSF-4.
My wife and I were married for 57 years and we raised our family here. Since she
passed away in April 2004, 1 have decided to sale 60 acres and retain 20 acres. It is just
not the same without her. I will live in my existing home until I can no longer take
care of it or my small garden.
At the November 1, 2005 City Council Meeting, I sincerely hope you will approve re-
zoning this 60 acres of property to RSF-4. I will tear down my chicken houses and
move my cattle to acreage I own outside of Fayetteville. If you are not in favor of re-
zoning, then unfortunately, I shall table my request for annexation of the 80.30 acres.
Thank you for your consideration. If you have any questions prior to the meeting, please
feel free to call me at 479-442-6933 or my daughter, Mary Bassett at 479-521-5600.
I look forward to seeing you on November 1.
Highest Personal Regards,
Retired Col. Alfred Zaccanti
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,I PC Meeting of October 10, 2005
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Gamer, Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: September 20, 2005
ANX 05-1728: Annexation (ZACCANTI, 207-246): Submitted by RAYMOND SMITH for
property located at SOUTH OF SALEM ROAD, EAST OF CRYSTAL SPRINGS
SUBDIVISION. The property is in the Planning Area and contains approximately 80.00 acres.
The request is to annex the subject property into the City of Fayetteville.
Property Owners: Alfred Sr., Al, and Helen Zaccanti Planner: Andrew Gamer
RECOMMENDATION:
Staff recommends approval of the requested annexation based on the findings included as
part of this report:
BACKGROUND:
Property Description and Setting: The subject property contains part of two tracts totaling
approximately 80 acres owned by the Zaccanti's. It is located south of Salem Road and east of
the Crystal Springs Subdivision. The property contains one single-family residence along with a
chicken farming operation and pasture land. It is within the Planning Area and adjacent to the
City limits along the southern and a portion of the eastern and western property lines.
Surrounding land uses and zoning are depicted on Table 1.
K:'Feparn12005VPC RepomU0-70-05uNX 05-1728 (Zacrami).dx
Table I
Snrrnundinu
I nn,l lien
n nrl
�....:__
Direction
Land Use
Zoning
from Site
North
Rural residential
Planning Area
South
Vacant/Pasture
Residential Single Family Four
(RSF-4East
I
Vacant/Pasture
Residential Single Family Four
RSF-4 ; Plannin Area
Crystal Springs Subdivision; Rural
Residential Single Family Four
residential
(RSF-4); Planning Area
Proposal: The applicant proposes annexation of 80.30 acres into the City of Fayetteville.
Recommendation: Staff recommends approval of the proposed annexation based on the finding
herein.
INFRASTRUCTURE:
Streets: Currently the site has access to Salem Road. Gypsum Road is planned to extend
east -west across the southern portion of the site, and Raven Road is planned to
extend north -south just west of the site. Road improvements and dedication per
the Master Street Plan would be required at the time of development. The site's
relation to existing and planned Master Street Plan Streets is depicted on Table 2.
Table 2
Direction from Site
Street Name
ClassificPlanned)
Adjacent to northern border
Salem Road
Collector
Bisects souther portion of site
Gypsum
Collector
ApproximatelyApproximatery 20west of the site
Raven
Collector
X:I ?eportl20051PCRepom110-10-05L4NX 05-1728 (ZaccanrJ.doc
• theT yson cgiirpiex on i3unisyle
at
oad:?
LAND USE PLAN: General Plan 2020 identifies the portion of this property within the
Planning Area as Residential.
FINDINGS:
11.6 ANNEXATION GUIDING POLICIES
BOUNDARIES
11.6.a Annex existing islands and peninsulas and do not annex areas that would create an
island or peninsula.
Finding: Annexation of the property will not create an island of unincorporated property
and does not exacerbate problems created by the extension of peninsulas. The
proposed annexation, begins fills in land that is encompassed on all sides but the
north by existing city limits. Therefore, staff finds that the proposed annexation
will not further exacerbate any problems associated with the current situation.
11.6.b Proposed annexation area must be adjacent, or contiguous, to city limits.
Finding: The proposed annexation area is adjacent to the City Limits to the south, east,
and west.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not
divide.
Finding: This area is currently vacant at this time and located between properties within
the city. There is a subdivision adjacent to the western property line.
Structures on the subject property consist of several chicken houses and a single
family dwelling. The property does not consist of defined subdivisions or
neighborhoods. Annexation of the property would allow for Planning
Commission review of development in accordance with City standards, and
would require the same standards of development as the adjacent properties
already within the city limits.
11.6.d Boundaries for annexed areas should follow natural corridors.
Finding: Proposed boundaries follow property lines of the existing parcels.
11.6.e Timing of services within annexation areas should be considered.
K�Repom12005IPC Reponrl /0-/0-0514NX 05-7728 (&cwntj).doc
Finding: Current conditions result in a response time ofLLcd minutes for fire protection
from Fire Station #`_'€ Additionally, the City's Fire Department currently
responds to calls further west of this property. Extension of water and sewer
lines will occur at the time of development to aid in the improvement of
services.
ENVIRONMENTALLY SENSITIVE AREAS
11.6. f Annex environmentally sensitive areas that could be impacted by development and
utilize appropriate development regulations to protect those areas.
Finding: The property is mainly cleared pasture land. Tree canopy is concentrated along
property lines. Development regulations within the City will ensure appropriate
development and preservation of the existing natural features on the property.
Development outside the city does not allow for the requirement of parks, open
space or tree preservation.
EMERGENCY AND PUBLIC SERVICES
11.6.g Public services must be able to be provided efficiently in newly annexed areas.
11.6.h Annexed areas should receive the same level of service of areas already in the city
limits.
Finding: Fire and police currently serve subdivisions further west of the subject
property. Service shall be provided to this area with the same level of response
and service as other developments in this area.
11.6.i The ability to provide public services should be evaluated in terms of equipment,
training of personnel, number of units and response time.
Finding:
These factors were taken into
consideration
in the responses and
recommendations.included in
this report.
INFRASTRUCTURE AND UTILITIES
I I.6.j Areas currently served by utilities and other public services should be annexed.
Finding: Water,
fire
and police
protection
are
currently provided
in the surrounding
areas to
the
south, east,
and west.
The
subject property is
not being served by
K:IReporu120051PC ReporuV0-l0-05W9 X0S-1228 (Zaccann).doc
city utilities at this time.
11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
Finding: Improvements to sewer and street systems and installation of fire hydrants
would be made necessary by the annexation should additional development
occur on the subject property. At this time, the property is agricultural in
nature.
11.6.1 Phased annexation should be initiated by the City within active annexation areas
based on planned service extensions or availability of services.
Finding: The proposed annexation is not part of a phased annexation initiated by the
City.
INTERGOVERNMENTAL RELATIONS
11.6.m Promote long-range planning with adjacent jurisdictions.
Finding: N/A
11.6.n Establish agreements to address regional concerns, such as water, stormwater and
sewer.
Finding: N/A
• ADMINISTRATION OF ANNEXATIONS
11.6.o Designate zoning districts for the property during the annexation process.
Finding: Annexations are automatically zoned R -A, Residential Agricultural. The
property owners request for annexation and request to rezone this property
RSF-4, Residential single family - 4 units/acre.
I1.6.p An annexation study should be completed on all annexation proposals.
Finding: Planning staff has asked the Engineering Division, Fire Department and Police
Department to study this annexation request to determine if facilities and
services are available to serve.this property.
11.6.q Development proposals require a separate review from the annexation proposals.
Finding: Development of this property has not been proposed. At the time the applicant
desires to develop the property, the applicant will be required to submit project
K°Seports1200SPC Reports I/O-IO-OSLLVX 0S-/728 (Zaccanti).doc
plans for
review and approval by
the Planning
Commission.
11.6.r Residents
should be fully informed
of annexation
activities.
Finding: Adjoining neighbors have been notified of the annexation request. A legal ad
and display have both been submitted with a local newspaper prior to the
Planning Commission meeting for which this item is scheduled.
11.6.w Encourage larger annexations to create acceptable boundaries.
Finding: This annexation consists of approximately 80 acres, and is adjacent to the
Crystal Springs Subdivision in the City of Fayetteville. The annexation of the
subject property will fill-in an unincorporated area surrounded on three sides
by incorporated City helping create a more. desirable city boundary.
I.6.t Conduct a fiscal impact assessments on large annexations
Finding: No fiscal impact assessment was conducted for this annexation of 80 acres.
K'IRepwts1200SIPCReponsV0-10-05iANX05-/7?8 (2accartd).doe
From Fayetteville General Plan 2020 — 2002 Revision
11.6 Annexation Guiding Policies
Boundaries
11.6.a Annex existing islands and peninsulas and do not annex areas that would create an island
or peninsula.
11.6.b. Proposed annexation area must be adjacent, or contiguous, to city limits.
11.6.c Areas should either include or exclude entire subdivisions or neighborhoods, not divide.
11.6.d Boundaries for annexed areas should follow natural corridors.
11.6.e Timing of services within annexation areas should be considered.
Environmentally Sensitive Areas
11.6. f Annex environmentally sensitive areas that could be impacted by development and utilize
appropriate development regulations to protect those areas.
Emergency and Public Services
11.6.g Public services must be able to be provided efficiently in newly annexed arras.
11.6.h Annexed areas should receive the same level of service of areas already in the city limits.
11.6.i The ability to provide public services should be evaluated in terms of equipment, training
of personnel, number of units and response time.
Infrastructure and Utilities
11.6.j Areas currently served by utilities and other public services should be annexed.
11.6.k Proposed annexation areas should not require the upgrading of utilities to meet the
demands of development unless there is a threat to public safety.
11.6.1 Phased annexation should be initiated by the City within active annexation areas based on
planned service extensions or availability of services.
Intergovernmental Relations
11.6.m Promote long-range planning with adjacent jurisdictions.
11.6.n Establish agreements to address regional concerns, such as water, stormwater and sewer.
Administration of Annexations
11.6.o Designate zoning districts for the property during the annexation process.
11.6.p An annexation study should be completed on all annexation proposals.
11.6.q Development proposals require a separate review from the annexation proposals.
11.6.r Residents should be fully informed of annexation activities.
11.6.w Encourage larger annexations to create acceptable boundaries.
11.6.t Conduct a fiscal impact assessments on large annexations.
XAReportrt2005IPC ReponsVO-/0-05UNX 05-/728 (Znccand)doc
3 2-01 6-0 031[' 14 000
222��77-03537 0 0011674 '01
-035 5-000 7 3536-00Q227-035IM0151 00516
0 0 0 I 5-00..11 516-(
0 0 0 0
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001-16738-000 765-16658-200
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This map was seated by Washington County using data created or acquired by its Assessors offim. Dept. of Emergency
Managment. and Road Department and In accordance wldl Arkansas Code 15-21-502 (2) (B), whidl states 'The digital cadaftm
manage, and provides access to cadastral information. Digital radasue does not represent legal popery bounthry descriptions,
nor is it sudable for boundary determination of the individual parcels induced in the mdastre.' and Arkansas Code 15-21-502(6)
di infd ked ncattes that
-.�dai cedastm' means the storage and menipulaton of oomputenzed rep resentations of parcel maps and
This map has been devebped from the best available sourcm. No guarantee of aoaaacy is gonad, nor is any responsibility for mliarge themon assumed. In no event shall said Washington County be liable for direct indirect. incidental, mnseguentlal or
spade) damage, of any kind. including, but not limited to, loss of anadpamd profits or benem(s mixing out of use of or reliance
m hie map.
The parcel lines shown are considered a giaphlol repmsenfadon of the actual brdanes. Washkgton County is in no
way resporeible fora tfle for any nusrepressi nation or reuse of this map. Disbibulion d this map is intended for infomlaeonal
purposes and should not be considered authontative forengineering. legal and othm site sparfic uses.
..•
� a
. of 1 e
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of October 10, 2005
125 W. Mountain Si.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: September 20, 2005
RZN 05-1729: Rezoning (ZACCANTI, 207-246): Submitted by RAYMOND SMITH forproperty
located at SOUTH OF SALEM ROAD, EAST OF CRYSTAL SPRINGS SUBDIVISION. The
property is ZONED R -A, RESIDENTIAL AGRICULTURAL, and contains approximately 60.00
acres. The request is to rezone the subject property to RSF-4, Residential Single -Family, 4 units per
acre.
Property Owners: Alfred Sr., Al, and Helen Zaccanti Planner. Andrew Gamer
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
Property Description and Setting: The subject property contains part of two tracts totaling
approximately 80 acres owned by the Zaccanti's. It is located south of Salem Road and east of
the Crystal Springs Subdivision. The property contains one single-family residence along with a
chicken farming operation and pasture land.. It. is within the Planning Area and adjacent to the
City limits along the southern and a portion of the eastern and western property lines.
Surrounding land uses and zoning are depicted on Table 1.
K: tReports120051PC Repomtl0-10-051RZN 05.1729 (7occanti).doc
Table 1
CIirrt%.Inr4n.. I ....J I l-. --J
Direction
I Land Use
Zoning
from Site
North
Rural residential
Planning Area
South
Vacant/Pasture
Residential Single Family Four Units/Acre
(RSF-4)
East
Vacant/Pasture
Residential Single Family Four Units/Acre
RSF-4 ; Planning Area
West
Crystal Springs Subdivision; Rural
Residential Single Family Four Units/Acre
residential
RSF-4 ; Plannin Area
Proposal: The applicant intends to develop this property in conjunction with property to the west for
single family use at a maximum density of 4 units per acre. The request is to rezone the property
RSF-4, Residential Single-family, 4 units per acre.
Recommendation: Staff recommends approval of the rezoning request to rezone the subject
property RSF-4 based on findings herein.
INFRASTRUCTURE:
Streets: Currently the site has access to Salem Road to the north. Gypsum Road is
planned to extend east -west across the southern portion of the site, and Raven
Road is planned to extend north -south just west of the site. Road improvements
and dedication per the Master Street Plan would be required at the time of
development. The site's relation to existing and planned Master Street Plan
Streets is depicted on Table 2.
Table 2
Fviefinn one) DI..naA Cb.....e..
Direction from Site
Street Name
Classification
Adjacent to northern border
Salem Road
Collector
Bisects southern portion of site
Gypsum
Collector (planned)
Approximately 20' west of the site
Raven
Collector (planned)
K:IReporu120051PC Reports)/0-10-O5'RZN 05-1729 (Zaccann).doc
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as
Residential.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Future development of the subject property at 4 units per acre would be
compatible with the development within the City and the adjacent property
west of the subject property.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Should the annexation request for the 80 -acres north and east of the existing
city limits be approved, the property is zoned R -A by default. The applicant
is requesting the consideration of rezoning only the property to RSF-4. Staff
finds that this zoning is compatible with the General Plan 2020 and
surrounding developments. within the City.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will provide additional traffic on adjacent streets over the
current zoning. Salem Road is adjacent to the northern property line of the
subject property. The annexation and development of this property will also aid
in the eventual connection of Gypsum Lane from Crystal Springs Subdivision
west -east across the property. The existing and planned streets that surround
the property will allow traffic to disperse in an efficient manner under the
proposed zoning.
K:'iReporu'.20051PC Reporuii0-10-05IR7rl05-1729 (Zaccaui).doc
traffic danger and`conge'sttai-m the area_
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning will increase population density from that zoning
currently in place. The 80 -acre tract under an R -A zoning designation would
allow for a maximum 40 single family residential dwelling units. With the
proposed RSF-4 designation for the property, a maximum of 320 single
family dwelling units would be permitted.
Increased load on public services were taken into consideration and
recommendations from Engineering, Police Department, and Fire
Department are included in this report and summarized below:
Streets: The site has access to Salem Road, with a stub -
out to Gypsum Road to the west.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
K:IReponsI2OO51PCReporn110-10-0SIRZN 05-1729 (Zaccami).doc
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K: b?epons120031FC Reporu110-10-051RZN 05-1729 (Zacranti).doc
161.03 District R -A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural
district are designed to protect agricultural land
until an orderly transition to urban development
has been accomplished; prevent wasteful scattering
of development in rural areas; obtain economy of
public funds in the providing of public
improvements and services of orderly growth;
conserve the tax base; provide opportunity for
affordable housing, increase scenic attractiveness;
and conserve open space.
(B) Uses.
(1) Permitted user
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unite
Twu-thniily dwellings
Unit 37
Manufactured homes
(Ti CnnditMnnl "ear
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 20
Commerdal recreation, large sites
Unit 24
Home occupations
Unit 36
Wireless communications facilities
C Density.
Units peracre I One -hag
J Bulk and area regulations
=cdimiiing
200 ft.
:
tial: 2 aces
dential: 2 acres
perdwelling unit 2 aces
(E) Setback requirements.
II Front I Side I Rear
35 ft. 120ft _ 35N _
(F) Height requirements. There- shall be no
maximum height limits in the A -I District,
provided, however, that any building which
exceeds the height of 15 feet shall be setback from
any boundary line of any residential district a
distance of 1.0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be measured
from the required setback lines.
(G) Building area. None.
K: {Repora120051PC Repomt/I1-10-051RZN 05-1729 /Zaccanti).doc
161.07 District Rsf-4, Residential Single -
Family — Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is
designed to permit and encourage the development
of low density detached dwellings in suitable
environments, as well as to protect existing
development of these types.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide
uses by right
Unit 8
Si
le-famil dwellin
(2) Conditional uses.
Unit 2
CI wide uses by conditional use penit
Unit 3
Public pmtection and utility facilities
Unit 4
Cultural and recreational taalities
Unit 9
Two-family dwellings
Unit 24
Home oea aeons
Unit 36
Wireless communications fadlitles
(C) Density.
Single-family
dwelll s
Two -fancily
dwellin
Units eracre
4orless
Tor less
(D) Bulk and area regulations.
Single-family
dwel
. Two-family
dwellings
Lot minimum width
70 ft
80 ft.
Lot area minimum
8.000 sq. It.
12.000 sq. ft.
Land area per
dwelling unit
8,000 sq. ft.
6.000 sq. R
(E) Setback requirements.
Front
I Side
I Rear
25 ft
loft.
20ft.
(F) Height. None.
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total
area of such lot.
CURRENT OWNERSHIP INFORMATION AND
ANY PROPOSED OR PENDING PROPERTY SALES
Assessor's Parcel Number 001-16748-000, SW/ of SE'/. Section 29, Assessor's Parcel
Number 001-16813-000, NW'/. of NE'/. Section 32, T17N, R30W, 80.30 acres, more or
less. There are proposed or pending property sales for this property.
REASON FOR REQUESTED ZONING CHANGE
Parcel Number 001-16748-000 is currently zoned A-1 and will be annexed into the City
of Fayetteville and the SV2 (20 acres) zoned as R -A Parcel Number 001-16813-000 is
currently zoned A-1 and will be annexed into the City of Fayetteville and zoned as R -A. It
is proposed to re -zone 60 acres of the parcels to RSF-4 for development into a single
family residential subdivision.
LAND DEVELOPMENT
The development of this property is consistent with the land use of the residential areas
surrounding the proposed development with slight increase in vehicle ttafc.
WATER/SEWER ACCESS
-An 8" existing water line and 8" sewer line are available at the Crystal Springs
Subdivision to the West and also available to the South.
DEGREE TO WHICH THE PROPOSED ZONING IS CONSISTENT
WITH LAND USE PLANNING OBJECTIVES, PRINCIPLES AND LAND
USE AND ZONING PLANS
The proposed zoning is consistent with land use planning objectives, principles, and
policies and with land use and zoning plans.
WHETHER THE PROPOSED ZONING IS JUSTIFIED AND/OR
NEEDED AT THE TIME THE REZONING IS PROPOSED
The proposed rezoning is justified at.this time in that it is in keeping with the policies and
adopted plans of the City of Fayetteville. Zoning this property as RSF-4 is consistent
with surrounding subdivision.
WHETHER THE PROPOSED ZONING WOULD CREATE OR
APPRECIABLY INCREASE TRAFFIC DANGER AND CONGESTION
The proposed zoning will not create or appreciably increase traffic danger and congestion.
WHETHER THE PROPOSED ZONING WOULD ALTER THE
POPULATION DENSITY AND THEREBY UNDESIRABLY INCREASE
THE LOAD ON PUBLIC SERVICES INCLUDING SCHOOLS, WATER,
AND SEWER FACILITIES
This increase is not expected to undesirably increase the load on public services including
schools, water and sewer facilities. Improvements planned to the Fayetteville overall
wastewater treatment system and the coming on line of the new wastewater treatment
facility on the western side of Fayetteville should adequately provide services to the sub-
division.
WOULD IT BE IMPRACTICAL TO USE THE LAND FOR ANY OF THE
USES PERMITTED UNDER ITS EXISTING ZONING
CLASSIFICATION
This property is presently in the county but within the Fayetteville Growth Area It would
be impractical to maintain the A -I or R -A zoning since it would be inconsistent with the
surrounding areas already zoned as residential subdivisions,
G,Q ,t,l N7?3
•
.
Barristers Place, Suite 11
70 North College Avenue
Fayetteville, Arkansas 72701-6101
0 4P
RAYMOND C. SMITH, PA:
ATTORNEY AT LAW
July 25, 2005
Sondra Smith
City Clerk
City of Fayetteville
Administration Building
113 W. Mountain Street
Fayetteville, Arkansas 72701
Re: Petition for Annexation.
County Court of Washington County, Arkansas Case No. 2005-21
Dear Madam Clerk:
RECEIVED
JUL 28205
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Telephone (479) 521-7011
FAX (479) 443-4333
Toll Free 1-800-282-0168
Email rsmith70ll@sbtglobal.net
By this transmittal letter, I am serving a copy of the Petition for Annexation filed June
20, 2005, in the County Court of Washington County, Arkansas, Case No. CC 2005-21,
along with a copy of the Order Setting Hearing, which sets the petition down for a
hearing on July 25, 2005, and Order of Annexation entered July 25, 2005.
Sincerel ,
and C. Smith
Attorney at Law
enclosures
C
,J 7l
U
G
IN THE COUNTY COURT OF
•
WASHINGTON COUNTY, ARJ[ A SAS
N
u'
T
-
G, > Uw
a
IN
THE MATTER OF ANNEXATION
T
OF
CERTAIN LANDS TO THE CITY
r� --
o c,
OF
FAYETTEVILLE, ARKANSAS
CASE NO. CC 2005-21 _- r
ORDER OF ANNEXATION
NOW on thi day of July, 2005, this cause comes on to be heard the Petitioner,
Alfred E. Zaccanti, Sr., Trustee, represented by. his attorney, Raymond C. Smith of
Fayetteville, Arkansas, announcing ready for a hearing of this cause and there being no
protests or objections filed herein, whereupon, the matter is submitted to the Court upon
the verified petition filed herein, and the oral and documentary evidence adduced, the
Court being well and sufficiently advised finds:
1. The Petition in this cause was filed June 20, 2005, at which time the Court fixed
July 25, 2005, at 10:30 a.m., as the date and time of the hearing for said cause, and a full
thirty days notice of hearing was given as required by law and notice of hearing was given
as required by law and notice of publication is now on file with the Clerk of the Court and
the Court has jurisdiction of this cause.
2. The Court is satisfied that the allegations of the said petition are sustained by the
proof, that the limits of the territory to be annexed have been properly filed, that the
property owner has a freehold interest in the property hereinafter described in the petition
and constitutes the real owner of the area affected.
3. The land proposed to be annexed to the City of Fayetteville, Washington County,,
Arkansas in this cause is described as follows:
The Southwest Quarter of the Southeast Quarter of Section 29, and the Northwest
Quarter of the Northeast Quarter of Section 32, all in Township 17 North, Range
30 West, Washington County, Arkansas, being more particularly described as
follows, to -wit: Beginning at the Northwest corner of the Southwest Quarter of
the Southeast Quarter of said Section 29 and running thence S 89°57'59 "E
1318.90' to a found iron pin located at the Northeast corner of the Southwest
Quarter of the Southeast Quarter of said Section 29, thence S 00°15'05" W
1316.04' to a found iron pin located at the Northeast corner of the Northwest
Quarter of the Northeast Quarter of said Section 32, thence S 1321.97' to a found
pin located at the Southeast comer of the Northwest Quarter of the Northeast
Quarter of said Section 32, thence S 89°59'50" W 1336.15' to a set iron pin located
at the Southwest corner of the Northwest Quarter of the Northeast Quarter of said
Section 32, thence N 00°31'28" E 1324.80' to a found stone located at the
Northwest corner of the Northwest Quarter of the Northeast Quarter of said
Section 32, thence N 00°28'32" E 1314.13' to the point of beginning. Containing
80.30 acres, more or less. Subject to easements and rights -of -way of record, if.
any.
4. The area is not unusually large and it is contiguous and adjacent to and adjoins the
present corporate limits of the City of Fayetteville, and it is particularly adapted for urban
purposes and this territory should be annexed to and made a part of the City of
Fayetteville, Arkansas.
IT IS THEREFORE, CONSIDERED, ORDERED AND ADJUDGED that the
aforesaid real estate situated in Washington County, Arkansas, is hereby annexed to and
made a part of the City of Fayetteville, Arkansas, in accordance with Act No. 1 of the
Acts of the Legislature of 1875 of the State of Arkansas and all acts amendatory thereto,
particularly including Act 142 of the Acts of Arkansas for the year 1963, as codified in
Ark. Code Ann. §14-40-601, et seq, and this Order shall be duly recorded by the County
Clerk of Washington County, Arkansas.
O TY JUDGE
THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE SOUTH 1321.97' TO A FOUND
IRON PIN LOCATED AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF
r ORTHEAST QUARTER OF SAID SECTION 32, THENCE S89°5 "W 1336.15' TO A
SON PIN LOCATED AT THE SOUTHWEST CORNER OF THE T QUARTER
OPTHE NORTHEAST QUARTER OF SAID SECTION 32, THENCE '28"E 1324.80TO A
FOUND STONE LOCATED AT THE NORTHWEST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE NOO°28'32"E
1314.13' TO THE POINT OF BEGINNING. CONTAINING 80.30 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
a
FOUND R.R. SPIK FOUND PIPE
N W CORNER NE CORNER
® WI/4, SElla _________ SWI/4, EI/a
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TOTAL ACREAGE
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4 Tf5- P I16658
From: Clarice Pearman
To: Pate, Jeremy
Date: 11/23/05 1:09PM
Subject: Ord. 4793 & 4794
Jeremy,
Attached are copies of the ordinances above passed by City Council, November 15, 2005.
CC: Bell, Peggy; Deaton, Vicki; GIS
\ � u� ii -e • I
NORTHWEST ARKANSAS EDITION
"Northwest Arkansas' Mart Wide(y Read Newspaper"
AFFIDAVIT OF PUBLICATION
I, Erin Emis, do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published .in Lowell, Arkansas, and that.fro.m .my own .personal .knowledge
and reference to the files of said publication, that advertisement of:
;-L/7Q3 was inserted in the regular editions on
PO#
** Publication Charge: $ /37 97
Subscribed and sworn to before me this
_ day of l , 2005.
AN ORDIN
SIBED
�,IEAS
cot4I NC
Sharlene D. Williams m m�
Notary Public
Notary Public
My Commission ExptcpStbte of Arkansas
11111111 on Expires
October 18, 2014
*' Please do not pay from Affidavit.
An invoice will be sent.
THAT PROPERTY
PETmON ANK 06 -
SOUTH OF SALEM
80.30 ACRES. MORE
Q:
BY THE Cm COUNCIL Or
BTTNNLN. ARKANSAM
:.e evA��le
ARKANSAS
EXHIBIT A
ANK 05-1728
OF THE SOUTHEAST CUTER OF SECTION 29. AND THE
IRON FIN
OF
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTE]MORE OR LESS. SUBJECT TO EASWENTSANDIRK9HTS-OF.WAY 0F.RECCQ0 iFANv.
FROM
•
(WED)DEC 14 2005
ORDINANCE NO. 4793
133::p5y0/�ST�.p13 : 4499p/�Nqo.. 681166�796254Iry�P
lgNN18@SIIIuN IIIEIIN�NI INI III I
Doe ID: 009410220002 TVDI: REL
Recorded: 12/08/2005 at 02:09:10 PM
Fae Amt: 811.00 Pea& 1 of 2
VA*lnoton county. AR
Bette Steams Circuit C1.rk
F11.2005-00054546
AN ORDINANCE ANNEXING THAT PROPERTY DESCRIBED IN
ANNEXATION PETITION ANX 05-1728 FOR PROPERTY
LOCATED SOUTH OF SALEM ROAD, EAST OF CRYSTAL.
SPRINGSSUBDIVISION, CONTAINING 80.30 ACRES, MORE
OR LESS
N
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYc§OF
FAYETTEVILLE, ARKANSAS: - o
�c
r^
Section 1: That the City Council hereby confirms the annexatio _ Citof
Fayetteville, Arkansas, of that property described in Exhibit "A" attached hei'iit made a t
11
r•� S
part hereof. _.�_
Section 2: That the official map of the City of Fayetteville, Arkansas, ishereby
amended to reflect the change provided in Section 1 above.
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is
hereby amended to assign the zoning designation of R -A, Residential Agricultural to the
subject property.
Section 4: That the above -described property is hereby assigned to Ward No. Four.
PASSED and APPROVED 15th day of November, 2005.
FAYETIEVILLE;
-
ATTEST:
By:
SONDRA SMITH, City Clerk
I
FROM
(WED)DEC 14 2005 13:50/ST. 13:49/No.6816796254 P 3
• 0
EXHIBIT "A"
ANX 05-1728
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29,
AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
32, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 29 AND RUNNING THENCE
S89°57'59"E 1318.90' TO A FOUND IRON PIN LOCATED AT THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 29, THENCE S00°15'05"W 1316.04' TO A FOUND IRON PIN
LOCATED AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE S 1321.97' TO A
FOUND PIN LOCATED AT THE SOUTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32, THENCE
S89°59'50"W 1336.15' TO A SET IRON PIN LOCATED AT THE SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 32, THENCE N00°31'28"E 1324.80' TO A FOUND STONE LOCATED
AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 32, TIIL•NCE N00°28'32"E 1314.13' TO
THE POINT OF BEGINNING. CONTAINING 80.30 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.